How Did John Marshall Formed The Cornerstone Of Government

In their mind liberty was linked to democracy and not property. To have political influence based on amount of property was ?politic as well as just, that the interests and rights of every class should ve duly represented and understood in the public councils.? ? James Madison

The late 1700s and early 1800s was a critical time period in American history in which our newly independent nation was beginning to lay down the groundwork for how the country would run. During this time, America was in its infancy and its crucial first steps would dictate how the nation would either walk, run, or retreat. John Marshall, the fourth Chief Justice of the Unites States, was a highly important and influential political figure whose decisions forever molded the future of the American judicial system. Like many other great political figures, much of John Marshall’s influence can be attributed to timing; he emerged just as the United States Constitution came into existence.

In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his

President Abraham Lincoln said, “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” Lincoln was talking about how the people control the government, and the people should not try to overthrow the government (since they control it). The Magna Carta blazed the trail for due process, coming out of a tyranny. John Locke brought about the ideas of natural rights, while the Mayflower Compact showed that a group of people could work together to be part of a thriving, self-government. The Magna Carta, John Locke, and the Mayflower Compact’s idea on government; which influenced the American government, by its ideas on rights and the social contract, made American society want to gain rights and make a fair, equal government, due to the British government restricting rights.

The United States Constitution has a great impact on American’s life. The U.S. Constitution recognized America’s national government, fundamental laws, and guaranteed certain basic rights for its citizens. Out of all the philosophers, John Locke’s philosophy had the greatest impact on the decisions that were made at the Philadelphia Convention and the writing of the United States Constitution. Locke introduced the ideas of natural rights and limited government.

John Marshall was a Federalist Chief Justice during Thomas Jefferson’s term and was Jefferson’s cousin. Marshall held the position of Supreme Court Justice for 34 years which allowed him to define the basic relationship of the judiciary to the federal government. He believed that the national legislature was supreme over state legislature which influenced all of his court decisions throughout his time in court. John Marshall pursued a loose interpretation of the constitution because he had to create power through the Elastic Clause to provide a just assessment of the case. The Elastic Clause allowed Congress to have power and add laws to the Constitution as necessary which gave Marshall the jurisdiction to bring justice with

In fact, the U.S. civil and property rights have a legal hierarchical organization, where the property rights stay in between the constitutional power and individual civil rights. In the 5th Amendment, the aspect of private property is mentioned as “nor shall private property be taken for public use without just compensation”(1273). This is the clearest example of private property protection in the United States and its initial value. Besides, the Declaration of Independence relates the property rights to the issues of equality and the

In Marbury v. Madison in 1803, Marshall overturned an act of congress for the first time that conflicted with the constitution. It was a daring step for a politically vulnerable court and Marshall crafted the opinion in such a way that Thomas Jefferson could not reject it. John Marshall had strong views that made him dominate the court from 1801 to 1835 and personally responsible for evaluating it in person of real authority. Marshall, also shared his power with other follow Justices that often curved his opinions in order to arrive at consensus decisions. Marshall established a model that all future Chief Justices would be measured to. The United States Supreme Court used the Necessary and Proper Clause in the McCulloch v. Maryland case. McCulloch v. Maryland case debated that if congress have the power to charter a bank. In 1791, the first charted bank; the First Bank of the United States was created, but the

He was the eldest of fifteen children and was blessed with outstanding parents. His parents were Thomas Marshall and Mary Randolph Keith. His father was a planter and one of the leading men of Fauquier County, in those times a frontier county. His Mother was a clergyman's daughter that had relations with some first families of Virginia. I think that the influence of these families brought Thomas Marshall a desire and eager to educate his son. He was the most influencing person through John Marshall's early years. As he stated later as an adult, He superintended my education . . . and to his care I am indebted for anything valuable which I have acquired in my youth. (Hobson, 2)

In Marbury v. Madison, he led the Court in striking down an act of Congress that was in conflict with the Constitution, legitimizing the doctrine of judicial review. Over the course of his thirty-four year term, Marshall oversaw numerous landmark cases, his decisions in which played an undeniably critical role in the early development of American law. Thanks to his firm hand and consistent principles, he was able to secure the institutional power of the Supreme Court in the face of staunch Jeffersonian opposition—affirming its place as an equal among the Executive and Legislative branches of government.

The first Supreme Court Justice took office in 1789. His name was John Jay and he accepted the offer to take the position when offered it by George Washington. Congress approved him later in the year and he stayed in office until 1795. There have been many more Chief Justices in the United States Supreme Court with a current number of seventeen and with more to come.

Marshall complained that the Constitution is the “supreme law of the land” and that the Supreme Court ultimately has the final say so when it comes to evaluating the meaning of the Constitution. Marshall states, “ lt is emphatically the province and duty of the judicial department to say what the law is.” To present Marshall’s initial plea at hand, Marshall argues that the Judiciary Act of 1789 was unconstitutional. In Marshall 's perspective, Congress could not present the Supreme Court with the power to issue an order granting Marbury his commission. Only the Constitution could do so, and the document said nothing about the Supreme Court having the power to issue such an order. Thus, the Supreme Court could not force Jefferson and Madison to appoint Marbury, because it did not have the power to do so.

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

Established in 1789, the Supreme Court was created to interpret the meaning of the Constitution and to use that interpretation to declare any actions of the Legislative or Executive Branches unconstitutional. However, the Supreme Court was capable of also acquiring more functions as evidence of the landmark case of Marbury v. Madison (1803). The case dealt with President John Adams appointing sixteen new circuit court justices for the District of Colombia. Adams appointed these justices so that his political party would have more justices than the rival party. Problematically, the appointment letters were not delivered by the end of his term. By that basis, President Thomas Jefferson annulled the appointments because he retained the right to appoint the justices during his time of jurisdiction. Consequently, this aggravated the appointed justice and therefore one of the justices named William Marbury filed a case in the Supreme Court over the commissions that they were promised (Goldstone). The Court ruled that Marbury did have a right to commission and also with it made a statement that enacted the doctrine of Judicial Review. This meant that the court had the "right to review, and possibly nullify, laws and governmental acts that violate the constitution. Judicial Review is a means of assuring that politicians and various other leaders adhere to the constitution and do not use powers granted to them by

If Marshall’s actions were iconic, then after the Marbury v. Madison case, he would have been credited with the creation of judicial review. In reality, Marshall’s decision of allowing the courts to review the decisions of the legislative and executive branches was seen “as only a step in the continuous clarification of the theory of judicial function”(Clinton 117). So this supposed creator of a pivotal Judicial component was only seen as a stepping stone. Through the remainder of Marshall’s career as Chief Justice, no one revisited his thoughts on the Marbury v. Madison case, until his successor, Roger Taney, did in Dred Scott v. Sanford. Roger Taney seemed to have the same viewpoints as Marshall, always trying to keep the checks and balances intact and equal. He kept this dedication through the Dred Scott v. Sandford case, using judicial review to rule the Missouri Compromise of 1820 unconstitutional. Strangely, “Marbury’s importance as a precedent for judicial review of legislation was never mentioned by the Court”(Clinton 119). If Marbury v. Madison was such a pivotal case, then it would